[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975
by Ord. No. 297-75 as Sec. 16-1 of Ch. XVI of the Revised
General Ordinances of the City of Passaic, 1975; amended in its entirety 9-11-2007
by Ord. No. 1736-07. Subsequent amendments noted where applicable.]
The following words and phrases, as used in this chapter, shall have
the meanings set forth herein:
The Health Officer of the City or any of his duly authorized representatives.
The physical separation and confinement of an individual or groups
of individuals who are infected or reasonably believed to be infected, on
the basis of signs, symptoms, or laboratory analysis, with a contagious disease
from nonisolated individuals, to prevent or limit the transmission of the
disease to nonisolated individuals.
The physical separation and confinement of an individual or groups
of individuals, who are or may have been exposed to a contagious disease and
who do not show signs and symptoms of a contagious disease, from nonquarantined
individuals, to prevent or limit the transmission of the disease to nonquarantined
individuals.
Whenever the Health Officer finds that public safety will not permit
delay, he may exercise one or more of the following powers without resorting
to legal proceedings and without giving notice of or holding any hearing which
would otherwise be required under any provision of this Code:
A.
Condemn any food of a perishable nature and cause to
be destroyed or disposed of in such a manner as to make it impossible thereafter
to be used for human food wherever found:
B.
To affix to such article a tag to any product, including
any food, cosmetics, drugs or any items intended for human consumption or
use, that is, adulterated or misbranded, until the Health Officer receives
permission from an agent of the State Department or the Court to remove or
dispose of any food, drink, cosmetics, drugs, or other item intended for human
consumption or use which is unwholesome or dangerous or liable to cause sickness
or injury to the persons who consume it or use it. The tag shall give notice
that the article is, or is suspected of being, adulterated or misbranded and
has been detained and embargoed, and warn all persons not to remove or dispose
of such article by sale or otherwise until permission has been granted from
an agent of the State Department or the Court.
C.
Communicable diseases.
(1)
Medical examinations, isolation, and quarantine.
(a)
Whenever the Health Officer shall deem it necessary to
establish the true character of any disease which in his opinion may be communicable,
a medical examination of the person infected may be required by a physician
designated by the City of Passaic, and such specimens of excretion or other
material for examination shall be taken from such persons, and it shall be
the duty of the person to submit to the examination and furnish the necessary
specimens. No person shall interfere with or prevent the securing of such
specimens.
(b)
The Health Officer may cause any person suspected or
known to be infected with a communicable disease to be isolated or quarantined
until medical or laboratory examinations show that the person is free of the
causative organisms of the disease.
(c)
The Health Officer may, by written order, restrict any
person who has been exposed to a communicable disease, under conditions he
may specify, providing such period of restriction shall not exceed the period
of incubation for the disease.
(2)
Carriers.
(a)
The Health Officer may, if it shall be deemed necessary,
require a person believed to be a carrier of communicable disease germs to
furnish specimens for examination. It shall be the duty of such person to
furnish the necessary specimens for examination or to permit the Health Officer
or his representative to collect the specimens.
(b)
For the purpose of this subsection, all "carriers" shall
be considered as being infected with the disease and shall be subject to and
comply with all provisions of the rules and regulations of the Division of
Health which relate to the quarantine, isolation and control of persons affected
with such disease.
A.
Inspection of premises. The Health Officer shall have
the right to inspect any premises in the City if he has reason to believe
that a provision of this chapter is being violated or as a part of a regular
inspection. No person shall oppose such entry or hinder or interfere with
the Health Officer in the performance of his duty.
B.
Search warrant. If the owner or occupant of any premises
refuses to permit entry for the purpose of inspection, the Health Officer
may apply to the Municipal Judge for a search warrant. The application shall
be based on an affidavit setting forth that the inspection is part of a regular
program of inspection or that conditions and circumstances provide a reasonable
basis for believing that a nuisance or unsanitary or unhealthy condition exists
on the premises. If the Municipal Judge is satisfied that an inspection is
necessary, he shall authorize the issuance of a search warrant permitting
access to and inspection of the premises.
A.
Notices of violation of any provision of this chapter
or of any ordinance administered or enforced by the Division of Health shall
be issued by the Health Officer or his designee. Such notice shall contain
a brief statement of the violation charged and, where a structure or premises
or a condition therein is involved, a brief description of the said structure
or premises to which the said notice refers, sufficiently definite in terms
to identify it and its location. Such notice shall direct the person charged
with the violation or his agent to remove the violation forthwith.
B.
The notice of violation may be served upon the person
charged with the violation and who resides in the City of Passaic in person
or by leaving it at his usual place of residence with a member of his family
above the age of 14 years. If the person charged with the violation shall
not reside in the City, then the notice may be served upon him personally
or mailed to his last known residence or business post office address, or
it may be served upon the occupant of the property or upon the agent of the
owner in charge thereof. If the owner of the property is unknown or service
cannot for any reason be made as above directed, notice may be served by affixing
the same in a conspicuous place on the property where the violation exists
and by mailing a copy of the notice to the person charged with the violation,
to his last known residence or business address.
C.
In cases deemed by the Health Officer to constitute an
emergent threat to public health, the Health Officer may order, by telephone,
the owner, or the owner's agent, or person or persons responsible for
the violation to abate the violation. It shall not be a defense in a Municipal
Court prosecution, where the violation or condition existing on the premises
is of such a nature as to constitute an immediate threat to life or limb or
an emergent threat to the health, safety or welfare of the public, that a
written notice was not served on the defendant if the Health Officer contacted
the owner, or the owner's agent, or person or persons responsible for
the violation by telephone.
D.
If no residence or business address or telephone number
can be ascertained by the Health Officer after reasonable diligence for the
owner, or the owner's agent, or person or persons responsible for the
violation, such mailing or telephone call may be dispensed with, and upon
an affidavit of inquiry, the notice of violation shall be deemed served. Notice
to infant owners or owners of unsound mind shall be served upon their guardians.
Where lands are held in trust, service shall be made upon the trustee. Where
lands are held by joint tenants, tenants in common or tenants by the entirety,
service upon one of the owners shall be sufficient and deemed and taken as
notice to all.
